Rights in the Postwar World (1) The United Na8ons, 1945 (2) The Universal Declara8on of Human Rights, 1948 (3) The Bandung Conference, 1955
Criminalizing War 1. U.S. Army Order No. 100 (Lieber Code), 1863 2. Interna8onal Standing CommiTee for Aid to Wounded Soldiers (Red Cross), 1863, resul8ng in Geneva Conven8on for the Ameliora8on of the Condi8on of the Wounded in Armies in the Field, 1864 3. First Hague Peace Conference, 1899 4. Second Hague Peace Conference, 1907, resul8ng in Conven8on No. IV on laws and customs of war 5. Kellogg- Briand Pact, 1928 6. Geneva Conven8on, 1929 7. Charter of the United Na8ons, 1945 8. Universal Declara8on of Human Rights, 1948 9. Fourth Geneva Conven8on, 1949 10. Addi8onal Protocols, 1977
Charter of the United Na8ons (1945) Ar8cle 2 The Organiza8on and its Members... shall act in accordance with the following Principles: 1. The Organiza8on is based on the sovereign equality of all its Members....
Charter of the United Na8ons (1945) Ar8cle 2 The Organiza8on and its Members... shall act in accordance with the following Principles: 1. The Organiza8on is based on the sovereign equality of all its Members.... 4. All Members shall refrain in their interna8onal rela8ons from the threat of use of force against the territorial integrity or poli8cal independence of any state, or in any other manner inconsistent with the Purposes of the United Na8ons.
Charter of the United Na8ons (1945) Ar8cle 2 5. All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action. 7. Nothing contained in the present Charter shall authorize the United Na8ons to intervene in maters which are essen8ally within the domes8c jurisdic8on of any state or shall require the Members to submit such maters to setlement under the present Charter...
Charter of the United Na8ons (1945) Ar8cle 33 1. The par8es to any dispute, the con8nuance of which is likely to endanger the maintenance of interna8onal peace and security, shall, first of all, seek a solu8on by nego8a- 8on, enquiry, media8on, concilia8on, arbitra8on, judicial setlement, resort to regional agencies or arrangements, or other peaceful means of their own choice. Ar8cle 39 The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommenda8ons, or decide what measures shall be taken...
Charter of the United Na8ons (1945) Ar8cle 42 Should the Security Council consider that measures provided for in Ar8cle 41 [ measures not involving the use of armed force ] would be inadequate or have proved to be inadequate, it may take such ac8on by air, sea, or land forces as may be necessary to maintain or restore interna8onal peace and security. Such ac8on may include demonstra8ons, blockade, and other opera8ons by air, sea, or land forces of Members of the United Na8ons.
Charter of the United Na8ons (1945) Ar8cle 51 4. Nothing in the present Charter shall impair the inherent right of individual or collec8ve self- defense if any armed atack occurs against a Member of the United Na8ons, un8l the Security Council has taken measures necessary to maintain interna8onal peace and security....
Universal Declara8on of Human Rights (1948) Eleanor Roosevelt
Universal Declara8on of Human Rights (1948) Drahing CommiTee Charles Malik (Lebanon) Alexandre Bogomolov (USSR) Peng- chun Chang (China) René Cassin (France) Eleanor Roosevelt (US) Charles Dukes (UK) Wm. Hodgson (Australia) Hernan Santa Cruz (Chile) John Humphrey (Canada)
Universal Declara8on of Human Rights (1948) Ar8cle I All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Ar8cle 2 Everyone is en8tled to all the rights and freedoms set forth in this Declara8on, without dis8nc8on of any kind, such as race, colour, sex, language, religion, poli8cal or other opinion, na8onal or social origin, property, birth or other status....
Universal Declara8on of Human Rights (1948) Ar8cle 3 Everyone has the right to life, liberty and security of person. Ar8cle 4 No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. Ar8cle 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Universal Declara8on of Human Rights (1948) Ar8cle 9 No one shall be subjected to arbitrary arrest, deten8on or exile. Ar8cle 10 Everyone is en8tled in full equality to a fair and public hearing by an independent and impar8al tribunal, in the determina8on of his rights and obliga8ons and of any criminal charge against him.
Universal Declara8on of Human Rights (1948) Ar8cle 11 1. Everyone charged with a penal offence has the right to be presumed innocent un8l proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. 2. No one shall be held guilty of any penal offence on account of any act or omission which did not cons8tute a penal offence, under na8onal or interna8onal law, at the 8me when it was commited....
Universal Declara8on of Human Rights (1948) Ar8cle 13 1. Everyone has the right to freedom of movement and residence within the borders of each State. 2. Everyone has the right to leave any country, including his own, and to return to his country. Ar8cle 14 1. Everyone has the right to seek and to enjoy in other countries asylum from persecu8on. 2. This right may not be invoked in the case of prosecu8ons genuinely arising from non- poli8cal crimes or from acts contrary to the purposes and principles of the United Na8ons.
Universal Declara8on of Human Rights (1948) Ar8cle 18 Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, prac8ce, worship and observance. Ar8cle 19 Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart informa8on and ideas through any media and regardless of fron8ers.
Universal Declara8on of Human Rights (1948) Ar8cle 20 1. Everyone has the right to freedom of peaceful assembly and associa8on. 2. No one may be compelled to belong to an associa8on. Ar8cle 21 1. Everyone has the right to take part in the government of his country, directly or through freely chosen representa8ves.... 3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elec8ons which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free vo8ng procedures.
Universal Declara8on of Human Rights (1948) Ar8cle 22 Everyone, as a member of society, has the right to social security and is en8tled to realiza8on, through na8onal effort and interna8onal co- opera8on and in accordance with the organiza8on and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Universal Declara8on of Human Rights (1948) Ar8cle 23 1. Everyone has the right to work, to free choice of employment, to just and favourable condi8ons of work and to protec8on against unemployment. 2. Everyone, without any discrimina8on, has the right to equal pay for equal work. 3. Everyone who works has the right to just and favourable remunera8on ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protec8on. 4. Everyone has the right to form and to join trade unions for the protec8on of his interests.
Universal Declara8on of Human Rights (1948) Ar8cle 28 Everyone is en8tled to a social and interna8onal order in which the rights and freedoms set forth in this Declara8on can be fully realized.
Harry Truman and Joseph Stalin
Harry Truman and Joseph Stalin
Bandung Conference 1955 Zhou Enlai (China) Nehru (iindia) Ho Chi Minh (Vietnam)
Bandung Declara8on 1955 1. Respect for fundamental human rights and for the purposes and principles of the Charter of the United Na8ons. 2. Respect for the sovereignty and territorial integrity of all na8ons. 3. Recogni8on of the equality of all races and... all na8ons large and small. 4. Absten8on from interven8on or interference in the internal affairs of another country. 5. Respect for the right of each na8on to defend itself.
Bandung Declara8on 1955 6. (a) Absten8on from the use of arrangements of collec8ve defence to serve any par8cular interests of the big powers. (b) Absten8on by any country from exer8ng pressures on others. 7. Refraining from acts or threats of aggression or the use of force against the territorial integrity or poli8cal independence of any country. 8. SeTlement of all interna8onal disputes by peaceful means... 9. Promo8on of mutual interests and coopera8on. 10. Respect for jus8ce and interna8onal obliga8ons.
Ho Chi Minh